If offences be committed in different counties, accessory may be tried

such act may have been committed either on the high seas or at
any place on land, whether within his Majesty's dominions or
without; and that in case the principal felony shall have been
committed within the body of any county, and the act by reason
whereof any person shall have become accessory shall have been
committed within the body of any other county, the offence of in either.
such accessory may be inquired of, tried, determined, and pu-
nished in either of such counties: provided always, that no per-
son who shall be once duly tried for any offence of being an ac- One trial only.
cessory, shall be liable to be again indicted or tried for the
same offence.'

S. 11. Accessory may be prosecuted afof principal,

ter conviction

though the

principal be

not attainted, &c.

"The eleventh s. of the same statute, in order that all accessories
may be convicted and punished in cases where the principal fe-
lon is not attainted, enacts, that if any principal offender shall
be in any wise convicted of any felony, it shall be lawful to pro-
ceed against any accessory, either before or after the fact, in
the same manner as if such principal felon had been attainted
thereof, notwithstanding such principal felon shall die or be ad-
mitted to the benefit of clergy, or pardoned, or otherwise deli-
vered before attainder; and every such accessory shall suffer
the same punishment, if he or she be in any wise convicted, as
he or she should have suffered if the principal had been at-
tainted.'
"Where the proceedings are against the accessory only, the name Indictment
of the principal should be stated in the indictment if it is
known; and where it was stated in an indictment against an ac- sories.
cessory to a felony, that the felony was committed by a person
to the jurors unknown, and it appeared that the principal felon
was a witness before the grand jury, it was holden that the in-
dictment could not be supported.(e)

"An indictment against an accessory should state that the princi-
pal committed the offence; and it is not sufficient merely to
state, that he was indicted for the offence, as the indictment is
only an accusation, and it does not follow that he really com-
mitted the offence, because he was indicted for it (ƒ)
"Formerly, if a man had been indicted as accessory in the same
felony to several persons, he could not have been arraigned till
all the principals were convicted and attainted: but it was after-
wards settled, that if a man were indicted as accessory to two or
more, and the jury found him accessory to one, it was a good
verdict, and judgment might pass upon him.(g)
"If A. be indicted as principal, and B. as accessory, and both be
acquitted, or if B. only be acquitted, yet B. may be indicted as
principal in the same offence, and his former acquittal is no
bar.(h) But it is said, that if A. be indicted as principal and
acquitted, he cannot be afterwards indicted as accessory before
the fact.(i) If, however, a man be indicted as principal and ac-
quitted, he may be indicted as accessory after the fact; and so
if he be indicted as accessory before the fact and acquitted, he
may, it seems, be indicted as accessory after the fact.(k) The
late statute, as we have seen, enacts, that no person who shall
be once duly tried for any offence of being an accessory, shall
be liable to be again indicted or tried for the same offence.(1)"

(e) Rex v. Walker, 3 Campb. 264. So in an indictment for larceny, though the goods may be laid to be the property of persons unknown, such an allegation is improper if the owner be really known. 2 East. P. C. p. 651, 781. Post. Book IV. Chap. On Larceny.

(f) Lord Sanchar's case, 9 Co. 117 a. (g) Fost. 361. 9 Co. 119. 1 Hale 624. 2 Hawk. P. C. c. 29. s. 46. Plowd. 98, 99. Fost. 361.

(h) 1 Hale 625. Rex v. Winifred and

Thomas Gordon, 1 Leach 515. S. C. 1
East. P. C. 35.

(i) 1 Hale 626. 2 Hale 244. But
Mr. Justice Foster says, that he knows
not upon what grounds, as in considera-
tion of law the offences of principal and
accessory are quite different. See Fost.
361, 362.

(k) 1 Hale 626.

(4) 7 G. 4. c. 64. s. 10.; and see also

8.9.

against acces

A man may be arraigned as accessory to

such of the

principals as

are convicted.

Former acquittal, when

a bar to a fresh

indictment.

Persons having implements of housebreaking, &c. with felonious in

tent. And reputed thieves,

&c.

Other acts criminal from the intent.

Felonies not capital, punishable under the acts, if any relating thereto; otherwise under this act.

4, dele, from the paragraph beginning "Where a person is feloniously stricken," to the bottom and also the next page.

47, dele, the paragraph beginning, "With respect to persons having implements," and insert as follows:-"With respect to persons having implements for bouse-breaking, &c. in their possession with a felonious intent, the legislature has made some provisions. The 5 G. 4. c. 83. s. 4. enacts, That every person having in his or her custody or possession any picklock key, crow, jack, bit, or other implement, with intent feloniously to break into any dwelling-house, warehouse, coach-house, stable, or out-building, or being armed with any gun, pistol, hanger, cutlass, bludgeon, or other offensive weapon, or having upon him or her any instrument with intent to commit any felonious act; and every person being found in or upon any dwelling-house, warehouse, coach house, stable, or out-house, or in any inclosed yard, garden, or area for any unlawful purpose, and every suspected person or reputed thief frequenting places of public resort and other places specified in the act with intent to commit felony shall be deemed a rogue and vagabond within the intent and meaning of that statute. And in some instances an act, accompanied with a certain intent, has been made a felony by particular statutes; as by the 7 & 8 Geo. 4. c. 29. s. 38., the severing with intent to steal the ore of any metal, or any coal, &c. from any mine, bed or vein thereof is made felony punishable as simple larceny. And by the 7 & 8 G. 4. c. 30. s. 3., the damaging certain articles in a course of manufacture, with intent to to destroy them, and the entering certain places with intent to commit such offence, is made felony punishable by transportation for life or imprisonment, &c.'

58, line 15, dele from the word " felony" to the end of the paragraph, and
then add," But clergy is not taken away, and the punishment
under this statute would have been formerly only a year's im-
prisonment by the general statute of 18 Eliz c. 7. s. 3. (m) That
statute is repealed by 7 & 8 G. 4. c. 27. but the statute 7 & 8 G. 4.
c. 28. s. 8. enacts, that every person convicted of any felony
for which no punishment hath been or hereafter may be specially
provided, shall be deemed to be punishable under this act, and
shall be liable, at the discretion of the court, to be transported
beyond the seas for the term of seven years, or to be imprisoned
for any term not exceeding two years; and, if a male, to be
once, twice, or thrice publicly or privately whipped (if the court
shall so think fit), in addition to such imprisonment."

62, line 15, after the word accessories dele to the end of the paragraph and insert
"But it was questioned whether if they were liable to transpor-
tation or to any other punishment than was authorised by the ge-
neral act of 18 Eliz. c. 7. s. 3. If so they would now be punisha-
ble only under the general provision of 7 & 8 G. 4. c. 28. s. 8."
81, at the end of note (q) add "But the statute 18 Eliz. is repealed by 7 & 8
G. 4. c. 29, See however the clause 7 & 8 G. 4. c. 28. s. 8. giving
a general punishment for felony."

101, note (e), after 22 & 23 Car. 2. c. 11. s. 9. add "repealed by 9 G. 4. c.
31."

106, note (p) after 1 Ed. 6. c. 12. s. 10. add "now repealed by 9 G. 4. c. 31."

109, line 16, after 43 G. 3. c. 58. add "now repealed."

note (b) after 1 G. 4. c. 90. s. 1. add “but is now repealed, new provisions being substituted for it by 9 G. 4. c. 31."

110, line 10, after the word "appoint" add "and the late act 7 G. 4. c. 38. was passed to enable the commissioners for trying offences committed upon the sea and justices of the peace to take examina

(m) Rex v. West, and others, 1 East. P. C. c. 4. s. 11. p. 162. The stat. 18 Eliz. e. 7. s. 3. provided that upon allowance of

clergy the offenders might be imprisoned for any time not exceeding a year.

tion touching such offences and to commit to safe custody per-
sons charged therewith."

At the end of the page add,

By 7 & 8 G. 4. c. 28. s. 12. all offences prose- Punishments, secuted in the High Court of Admiralty of England shall upon 7 & 8 G. 4. c. every first and subsequent conviction be subject to the same pu- 28. s. 12. nishments, whether of death or otherwise as if such offences had been committed upon the land."

act committed

The statute 9 G. 4. c 31. s. 32. enacts “that all indictable offences 9 G. 4. c. 31. mentioned in this act which shall be committed within the juris- Provisions for diction of the Admiralty of England, shall be deemed to be of- offences fences of the same nature, and liable to the same punishments, against this as if they had been committed upon the land in England, and at sea. may be dealt with, enquired of, tried, and determined in the same manner as any other offences committed within the jurisdiction of the Admiralty of England. Provided always, that Not to effect nothing herein contained shall alter or affect any of the laws re- the laws rela lating to the government of his Majesty's land or naval forces." ting to the 120, line 10, from the bottom after the word "same" insert " By 7 G. 4. c. forces. 48. s. 19. it is enacted "that every intimation to any smuggling vessel or boat in whatever manner given shall be deemed to be a signal within the meaning of the said act for the prevention of smuggling and shall subject the person giving such intimation to be detained and proceeded against as directed by the said act."

121, after line 5 from the top add, " By 7 G. 4. c. 48. s. 17. it is enacted that no writ of certiorari shall issue from the King's Bench to remove any proceeding before any justice or justices of the peace under any act for the prevention of smuggling, or relating to the revenue of the customs, nor shall any writ of habeas corpus issue to bring up the body of any person who shall have been convicted before any justice or justices of the peace under any such act, unless the party against whom such proceeding shall have been directed or who shall have been so convicted or his attorney or agent shall state in an affidavit in writing, to be duly sworn, the grounds of objection to such proceedings or conviction; and that upon the return to such writ of certiorari or habeas corpus no objection shall be taken or considered other than such as shall have been stated in such affidavit; and that it shall be lawful for any justice or justices of the peace, and they are hereby required to amend any information, conviction, or warrant of commitment for any offence under any such act."

127, line 15, after the word "clergy (a)" insert " It should be observed that so much of this statute as relates to any person who shall beat, wound, or use any other violence to any person or driver, and so much thereof as makes any second offence felony is repealed by the recent act 9 G. 4. c. 31.

note (a) at the end add, "but these sections are repealed by 7 & 8 G. 4.

C. 27."

128, at the end of the chapter add "So much of this statute as relates to any person who shall beat, wound, or use any other violence to any person or driver and so much thereof as makes any second offence felony is repealed by the late aet 9 G. 4. c. 31. but other provisions are made for the punishment of offences of this description.

The 26th section enacts "that if any person shall beat, wound, or 9 G. 4. c. 31. use any other violence to any person, with intent to deter or hin- Assaults with der him from selling or buying any wheat or other grain, flour, intent to obmeal, or malt, in any market or other place, or shall beat, struct the wound, or use any other violence to any person having the care buying or sellor charge of any wheat or other grain, flour, meal, or malt ing of grain, whilst on its way to or from any city, market-town, or other or the free place, with intent to stop the conveyance of the same, every of, punishable such offender may be convicted thereof before two justices of summarily bethe peace, and imprisoned and kept to hard labour in the fore two magistrates.

passage there

9 G. 4. c. 31. s. 22.

Bigamy.

Exceptions.

common gaol or house of correction, for any term not exceeding three calendar months; provided always that no person, who shall be punished for any such offence, by virtue of this provision, shall be punished for the same offence by virtue of any other law whatsoever."

136, line 10, dele the whole of the paragraph and insert "It may be observed that to take any reward for helping a person to stolen goods is felony by 7 & 8 G. 4. c. 29. s. 58., and to advertise a reward for the return of things stolen, incurs a forfeiture of fifty pounds by the fifty-ninth section of the same act." (n)

147, line 12, dele the first sentence of the paragraph, and insert "It is an offence at common law to refuse to serve an office when duly elected. (0) And the refusal of persons to execute ministerial offices to which they are duly appointed and from the execution of which they have no proper ground of exemption seems in general to be punishable by indictment."

168, line 25,

after “33 H. 3. c. 23." insert" repealed by 9 G. 4. c. 31." 187, line 7, after "4 Ed. 1. st. 3. c. 5." insert" now repealed by 9 G. 4. c. 31." note (b) after" 18 Edw. 3. st. 3. c. 2.," add now repealed by 9 G. 4. c. 31." and after "1 Ed. 6. c. 12. s. 16." add "also repealed by the same act of 9 G. 4. c. 31. "

188, line 15, dele the words, "In the construction of this statute," and insert as follows: "The provisions of this statute were in several respects defective. A person whose consort had been abroad for seven years, though known to be living, might have married again with impunity. And so might a person who was only divorced a mensa et thoro. The recent statute, 9 Geo. 4. c. 31., therefore repeals the statute of James, and by s. 22. enacts, 6 that if any person, being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or elsewhere, every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony, and being convicted thereof, shall be liable to be transported beyond the seas for the term of seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years; and any such offence may be dealt with, inquired of, tried, determined, and punished in the county where the offender shall be apprehended, or be in custody, as if the offence had been actually committed in that county; provided always, that nothing herein contained shall extend to any second marriage contracted out of England by any other than a subject of his Majesty, or to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time, or shall extend to any person who at the time of such second marriage shall have been divorced from the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any Court of competent jurisdiction.' The statute of James is however still in force with respect to offences committed before or upon the last day of June, 1828. In the construction of this statute of James."

208, at the end of the chapter add-"This statute is however repealed by the 9 Geo. 4. c. 31. except as to offences committed before or on the last day of June, 1828, and the enactment of the new statute as to punishment is, (as we have seen,) that the offender shall be liable to be transported beyond the seas for the term of seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years."

(n) See this statute more at large post. (0) Rex v. Bower, 1 B & C. 587. Book IV. Chap. XXVIII.

242, line 13, after "2 & 3 Ph. & M. c. 10." add "both now repealed by 7 Geo. 4. c. 64. s. 33."

251, line 3, dele to the end of the page, and the three first lines in the next

machinery in

page, and then insert-" The 1 Geo. 1. st. 2. c. 5. s. 4. was re-
pealed by 7 & 8 Geo. 4. c. 27., but the statute 7 & 8 Geo. 4. c. 7 & 8 Geo. 4.
30. s. 8. enacts, that if any persons, riotously and tumultuously c. 30. s. 8.
assembled together to the disturbance of the public peace, shall Rioters demo-
unlawfully and with force demolish, pull down, or destroy, or lishing, &c. a
begin to demolish, pull down, or destroy, any church or chapel, church, cha-
or any chapel for the religious worship of persons dissenting pel, house, or
from the united church of England and Ireland, duly registered certain build-
or recorded, or any house, stable, coach-house, out-house, ings, or any
warehouse, office, shop, mill, malt-house, hop oast, barn, or gra-
nary, or any building or erection used in carrying on any trade
or manufacture, or any branch thereof, or any machinery, whe-
ther fixed or moveable, prepared for or employed in any manu-
facture, or in any branch thereof, or any steam engine, or other
engine for sinking, draining, or working any mine, or any staith,
building, or erection used in conducting the business of any
mine, or any bridge, waggon-way, or trunk for conveying
minerals from any mine, every such offender shall be guilty of
felony, and, being convicted thereof, shall suffer death as a
felon.'

251, note (t)—The statutes mentioned in this note are repealed by 7 & 8 Geo. 4. c. 27. but the statute 7 & 8 Geo. 4. c. 31. consolidates and amends the laws relative to remedies against the hundred. See the statute in the Addenda to Vol. II.

252, dele from the paragraph beginning "The 52 Geo. 3. c. 130." to the bottom, and also the following page to the words, "without benefit of clergy.(y)"

252, note (a) dele "41 Geo. 3. c. 24." to the end of the note, and insert" 7 & 8 Geo. 4. c. 31."

253, dele the note (x).

276, dele the paragraph beginning with the words "With respect to challenges given on account of money won at play."

278, dele from the paragraph beginning "By the second section," to the bottom, and also the following page, to the words "within the meaning of the statute.(h)"

any manufactory or mine.

279, dele the notes. 280, line 7 from the bottom, dele the paragraph beginning "The arrest of a clergyman," and insert," By the recent statute 9 Geo. 4. c. 31. 9 G. 4. c. 31. s. 23. if any person shall arrest any clergyman upon any civil s. 23. process while he shall be performing divine service, or shall with Arresting a the knowledge of such person be going to perform the same, or clergyman enreturning from the performance thereof, every such offender gaged in dishall be guilty of a misdemeanor, and being convicted thereof, shall suffer such punishment by fine or imprisonment, or both, as the Court shall award."

295, note (b) at the end add-" And in Duncan v. Thwaites, 3 B. & C. 584. Abbott, C. J., says, I take it to be a general rule, that a party who sustains a special and particular injury by an act which is unlawful, on the ground of public injury, may maintain an action for his own special injury.' And see Rose and others v. Miles, 4 M. & S. 101."

301, line 23, add-" And see 58 Geo. 3. c. 70. s. 7. and 2 Burn. Just. p. 661." 317, note (1) at the end, add—“ And if the tenant of the land plough the soil, over which another has a way, this is a nuisance to the way, for it is not so easy to him as it was before. 2 H. 4. 11 Vin. Abr. Nuisance (G)."

348, line 18 from the bottom, add-" By the 3 Geo. 4. c. 126. s. 107. reciting that many bridges on turnpike roads are by prescription liable to be repaired by certain parishes, and not by the county or counties in which they are situated, and which bridges, from change of times and circumstances, are become no longer sufficiently convenient for the use of the public, without being enlarged or

ne service.